alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2020399EN.01003102.xml

| 23.11.2020 | EN | Official Journal of the European Union | C 399/31 |
| --- | --- | --- | --- |

23.11.2020

EN

Official Journal of the European Union

C 399/31

---

Judgment of the General Court of 23 September 2020 — Fundación Tecnalia Research & Innovation v Commission

(Case T-314/19) (1)

(Arbitration clause - Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Development and testing of sensor systems for quality and performance control in baking processes - Bread-Guard Project - Overlap of the project with another project financed under the same programme - Changes to the description of the tasks to be undertaken - Loss of the intellectual property rights required for the execution of the project - Overestimation of the number of people needed each month for the project - Beneficiaries’ duty to provide information - Serious misconduct - Termination by the Commission of the grant agreement)

(2020/C 399/45)

Language of the case: Spanish

Parties

Applicant: Fundación Tecnalia Research & Innovation (San Sebastián, Spain) (represented by: P. Palacios Pesquera and M. Rius Coma, lawyers)

Defendant: European Commission (represented by: J. Estrada de Solà and S. Izquierdo Pérez, acting as Agents)

Re:

Application pursuant to Article 272 TFEU seeking a declaration that the Commission was not justified in terminating the grant agreement relating to the FP7-KBBE-2013-7-613647 BreadGuard Project

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Fundación Tecnalia Research & Innovation to pay the costs. |
| --- | --- |

2.

Orders Fundación Tecnalia Research & Innovation to pay the costs.

---

(1)  OJ C 230, 8.7.2019.

---
Exhibit 32

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

In connection with the Quarterly Report on Form 10-Q of CuraGen Corporation (the Company) for the period ended March 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Frank M. Armstrong, M.D., Chief Executive Officer and President of the Company, and David M. Wurzer, Executive Vice-President, Chief Financial
Officer and Treasurer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

(1) The Report fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the
Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |     |  |                                                                
|------------------ |  | --- |  | ---------------------------------------------------------------
|Dated: May 9, 2007 |  | By: |  | /s/ Frank M. Armstrong, M.D.                                   
|                   |  |     |  | Frank M. Armstrong, M.D.                                       
|                   |  |     |  | Chief Executive Officer and President                          
|                   |  |     |  | (principal executive officer of the registrant)                
|                   |  |    
|Dated: May 9, 2007 |  | By: |  | /s/ David M. Wurzer                                            
|                   |  |     |  | David M. Wurzer                                                
|                   |  |     |  | Executive Vice-President, Chief Financial Officer and Treasurer
|                   |  |     |  | (principal financial and accounting officer of the registrant) 

A signed original of this written statement required by Section 906 has been provided to CuraGen Corporation
and will be retained by CuraGen Corporation and furnished to the Securitites and Exchange Commission or its staff upon request.
Exhibit 32.2



CERTIFICATION



In connection with this Annual Report of Hewitt Associates, Inc. (the Company) on Form 10-K for the year ended September 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report), the undersigned Chief Financial Officer of the Company hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of
2002 that: 1) the Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and 2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of
operations of the Company as of and for the periods covered in the Report.



|                        |  |     |  |                        
|----------------------- |  | --- |  | -----------------------
|Date: November 18, 2004 |  | By: |  | /s/ Dan A. DeCanniere  
|                        |  |     |  | Dan A. DeCanniere      
|                        |  |     |  | Chief Financial Officer



A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to
Hewitt Associates, Inc. and will be retained by Hewitt Associates, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



The foregoing certification is being furnished to the Securities and Exchange Commission as and exhibit to the Form 10-K and shall not be considered filed as part
of the Form 10-K.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from financial
statements for the period ended June 30, 1997 and is qualified in its entirety
by reference to such financial statements. 
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                               2,976
<SECURITIES>                                        18,045
<RECEIVABLES>                                        6,798
<ALLOWANCES>                                           150
<INVENTORY>                                              0
<CURRENT-ASSETS>                                    28,206
<PP&E>                                               5,205
<DEPRECIATION>                                       1,664
<TOTAL-ASSETS>                                      31,747
<CURRENT-LIABILITIES>                                6,738
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                84
<OTHER-SE>                                          24,600
<TOTAL-LIABILITY-AND-EQUITY>                        31,747
<SALES>                                                  0
<TOTAL-REVENUES>                                    21,009
<CGS>                                                    0
<TOTAL-COSTS>                                       10,734
<OTHER-EXPENSES>                                     8,041
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                     103
<INCOME-PRETAX>                                      2,131
<INCOME-TAX>                                         1,900
<INCOME-CONTINUING>                                    231
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           231
<EPS-PRIMARY>                                          .19 <F1>
<EPS-DILUTED>                                          .19 <F1>

<FN>
<F1>  Presented on a pro forma basis as if the Company had been fully subject to
      federal and state income taxes for all periods presented.
</FN>

        


</TABLE>
II 

112TH CONGRESS 

1ST SESSION S. 593 

To amend the Internal Revenue Code of 1986 to modify the tax rate for 

excise tax on investment income of private foundations. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2011 

Mr. SCHUMER (for himself, Mr. BURR, Ms. STABENOW, Mr. ISAKSON, Mr. 

LEVIN, Mr. CHAMBLISS, Mr. BEGICH, Ms. MURKOWSKI, Mrs. 

GILLIBRAND, Mr. INOUYE, Mrs. HAGAN, and Ms. SNOWE) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to modify 

the tax rate for excise tax on investment income of 

private foundations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MODIFICATION OF THE TAX RATE FOR THE EX4 CISE TAX ON INVESTMENT INCOME OF PRI5 VATE FOUNDATIONS. 

6 (a) IN GENERAL.—Subsection (a) of section 4940 of 

7 the Internal Revenue Code of 1986 is amended by striking 

8 ‘‘2 percent’’ and inserting ‘‘1.39 percent’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•S 593 IS

1 (b) ELIMINATION OF REDUCED TAX WHERE FOUN2 DATION MEETS CERTAIN DISTRIBUTION REQUIRE3 MENTS.—Section 4940 of the Internal Revenue Code of 

4 1986 is amended by striking subsection (e). 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to taxable years beginning after 

7 the date of the enactment of this Act. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS
#### Gregory Charles KRUG, Plaintiff-Appellant, v. Jo Ann FARRINGTON; Annie A. Wong, Defendants-Appellees.

No. 08-8076.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2009.

Decided: Jan. 20, 2009.

Gregory Charles Krug, Appellant Pro Se.

Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Gregory Charles Krug appeals the district court’s order transferring his complaint filed pursuant to *Bivens v. Six Un*
      *745
      *known Named Agents of Fed. Bureau of Narcotics,*403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) to the United States District Court for the Middle District of Tennessee. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Krug v. Farrington,*No. 1:08-cv-00658-GBL-JFA (E.D.Va. July 21, 2008). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
#### The People of the State of New York, Respondent, v Khuldib Mathure, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered May 2, 1982, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Under the facts of this case, the jury could “conclude that it was not a reasonable possibility” that defendant’s “conduct is equally consistent with” an intent to merely seriously injure rather than to kill *(People v Bracey,*41 NY2d 296, 302). Therefore, there is no basis for reducing the conviction of murder in the second degree to manslaughter in the first degree, as defendant urges on appeal *(cf. People v Marrero,*67 AD2d 951).

We find that the rebuttal testimony, while improperly introduced solely to impeach defendant’s credibility, was harmless error and did not deprive defendant of a fair trial *(People v Crimmins,*36 NY2d 230). We find no merit to defendant’s remaining contentions. Mangano, J. P., Bracken, Rubin and Kunzeman, JJ., concur.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

April 28, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 135277(59) Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr.
IN RE BARBARA HROBA TRUST. Stephen J. Markman, Justices

________________ _______________ __________/

LUANN HROBA, Petitioner-Appellant,

v SC: 135277 COA: 266783 Oakland Probate Ct: 2004-294178-TV GARY HROBA, Respondent-Appellee.

________________ _______________ __________/

On order of the Court, the motion for rec onsideration of this Court’s February 6, 2008 order is considered, and it is GRANTE D. On reconsideration, we MODIFY our order dated February 6, 2008. For the reasons stated in th at order, the Court of Appeals erred in reversing the Oakland County Probate Court’s judgment on res judicata grounds. But rather than reinstate the probate cour t’s judgment, we REMAND this case to the Court of Appeals for consideration of the re maining issues not addressed by that court during its initial review of this case.

We do not retain jurisdiction.

d0421 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

April 28, 2008

Clerk
Exhibit
      32
 
 CERTIFICATION
      UNDER SECTION 906 OF
 THE
      SARBANES-OXLEY ACT OF 2002
 
 
 Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, each of the undersigned certifies in the capacity
indicated below that this Annual Report on Form 10-K of Imperial Capital
Bancorp, Inc. (the “Company”) for the year ended December 31, 2008 fully
complies with the requirements of Section 13 (a) of the Securities Exchange Act
of 1934, as amended, and that information contained in such report fairly
presents, in all material respects, the financial condition and results of
operations of the Company as of the dates and for the periods presented in the
financial statements included in such report.
  Date:
March 31,
2009                                                   /s/ Norval L.
Bruce
 Norval L.
Bruce
 Member of
the Executive Committee of
 the Board
of Directors
 
 Date:
March 31,
2009                                                   /s/ Hirotaka
Oribe
 Hirotaka
Oribe
 Member of
the Executive Committee of
 the Board
of Directors
 
 Date:
March 31,
2009                                                   /s/ Timothy M.
Doyle
 Timothy
M. Doyle
 Executive
Managing Director and
 Chief
Financial Officer
  This
certification accompanies this periodic report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
exhibit10-3.htm

 

    
      

    



    ICO,
Inc.

    FY
2010 Annual Incentive Bonus Plan - CEO

    


    
      	
               

                  
      The following is the formula for calculating the FY 2010 Annual Incentive
      Bonus for the Chief Executive Officer, A. John Knapp, Jr.:

               

              The
      sum of the Annual Incentive Bonuses paid to the Company’s other five
      ELT members based on FY 2010 performance, in accordance with their
      respective FY 2010 Annual Incentive Bonus Plans

               

              divided
      by:

               

              The
      sum of the FY 2010 Base Salaries of the Company’s other five ELT
      members

               

               

              multiplied
      by:

               

               

              Mr.
      Knapp’s FY 2010 Annual Base Salary

               

              For
      the purpose of the above formula, “the other five ELT members” are (1)
      Donald Eric Parsons, President – ICO Polymers North America; (2) Stephen
      E. Barkmann, President – Bayshore Industrial; (3) Derek R. Bristow –
      President, ICO Europe and Asia Pacific; (4) Bradley T. Leuschner – Chief
      Financial Officer; and (5) Charlotte Fischer Ewart, General
      Counsel.

               

              Additional Provisions

              For
      the purpose of this paragraph, termination for “Cause” and “Good Reason”
      have the meanings ascribed to those terms in the ICO, Inc. Change in
      Control Severance Plan and the Business Unit President’s Participation
      Agreement in relation thereto.  The CEO will not be entitled to
      a bonus under this Plan, or otherwise with respect to FY 2010, if, prior
      to October 1, 2010 (a) he resigns from employment with the Company (except
      in the case of resignation or termination for Good Reason), or (b) he is
      terminated from employment for “Cause.” If the CEO is terminated without
      cause, a pro rata bonus will be paid to him following the conclusion of
      fiscal year 2010, in no event later than December 15, 2010.
##### 



Exhibit 32.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Town Sports International, Inc. (the
Company) on form 10-Q for the period ending September 30, 2003 filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Robert
Giardina, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. (Section Mark) 1350, as adopted pursuant to 906 of the Sarbanes-Oxley
Act of 2002, that to my knowledge:



| | (1) |  | The Report fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934; and                                
| | --- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) |  | The information contained in the Report fairly represents, in
all material respects, the financial condition and result of
operations of the Company.

/s/ ROBERT GIARDINA
Town Sports International, Inc.
Chief Executive Officer
November 4, 2003

28
# C_2020095EN.01003002.xml

| 23.3.2020 | EN | Official Journal of the European Union | C 95/30 |
| --- | --- | --- | --- |

23.3.2020

EN

Official Journal of the European Union

C 95/30

---

Judgment of the General Court of 5 February 2020 — Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain)

(Case T-331/19) (1)

(EU trade mark - Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2020/C 95/38)

Language of the case: French

Parties

Applicant: Pierre Balmain (Paris, France) (represented by: J.M. Iglesias Monravá and S. Mainar Roger, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2019 (Case R 1223/2018-5), concerning an application for registration of a figurative sign representing a lion’s head encircled by rings forming a chain as an EU trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Pierre Balmain to pay the costs. |
| --- | --- |

2.

Orders Pierre Balmain to pay the costs.

---

(1)  OJ C 246, 22.7.2019.

---
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 5 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. CON. RES. 5

  Authorizing the use of the rotunda of the Capitol to honor Frank W. 
Buckles, the longest surviving United States veteran of the First World 
                                  War.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2011

  Mr. Rockefeller (for himself, Mr. Manchin, Mr. McCain, Mr. Brown of 
 Ohio, Mr. Lieberman, Mr. Bingaman, Mr. Nelson of Florida, Mr. Kerry, 
Ms. Landrieu, Mr. Begich, Mr. Wyden, Mr. Burr, and Mr. Hatch) submitted 
    the following concurrent resolution; which was referred to the 
                 Committee on Rules and Administration

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Authorizing the use of the rotunda of the Capitol to honor Frank W. 
Buckles, the longest surviving United States veteran of the First World 
                                  War.

    Resolved by the Senate (the House of Representatives concurring),

SECTION 1. HONORING FRANK W. BUCKLES.

    (a) In General.--The Rotunda of the Capitol is authorized to be 
used at any time during the 112th Congress at a time to be determined 
jointly by the majority leader of the Senate, the minority leader of 
the Senate, and the Speaker of the House of Representatives, in 
consultation with the Architect of the Capitol, for a ceremony to honor 
the longest surviving veteran of the First World War, Mr. Frank 
Woodruff Buckles, as a tribute and recognition of all United States 
military members who served in the First World War.
    (b) Implementation.--Physical preparations for the ceremony shall 
be carried out in accordance with such conditions as the Architect of 
the Capitol may prescribe.
                                 <all>
```